Appeal against refusal of ad-interim injunction by Single Judge. Bench declined interference citing no prejudice and pending main application, dismissing appeal while preserving right to claim interim relief.
Appeal dismissed; Notices of Motion dismissed; Right to claim interim relief preserved.
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910-APPL371-19.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 371 OF 2019
IN
NOTICE OF MOTION (L) NO. 1672 OF 2019 WITH
NOTICE OF MOTION (ST) NO. 762 OF 2019 IN
APPEAL (L) NO. 371 OF 2019
Varsha Devyan Gala
Versus
Tarun Pranlal Bajaria & Ors
...Appellant
...Respondents
Mr Amol Singh , i/b DP Singh, for the Appellant. Mr JV Parmar , with OS Kamwal, for Respondent No. 1. Mr Paresh Shah , i/b M/s. Shah & Sanghvi, for Respondent No. 3.
CORAM: S. C. Dharmadhikari & G. S. Patel, JJ. DATED: 29th August 2019
PC:-
1. Having heard Mr Singh at some length, we do not think that we should interfere with the ad-interim order of the learned Single Judge. There is no prejudice, and the main application, Notice of Motion (L) No. 1672 of 2019 in Suit (L) No. 769 of 2019 is going to
Page 1 of 2 29th August 2019
910-APPL371-19.DOC
be heard at length after Afdavits are fled. The Appellant/Plaintif
can urge that, consistent with the pleadings, interim relief should be
granted. That opportunity has not been taken away merely because
an ad-interim relief / injunction is refused.
2. By clarifying that no observation of the learned Single Judge as also our dismissal by the present order shall come in the way of the Appellant/Applicant claiming any interim relief, we dismiss this Appeal.
3. The pending Notices of Motion are also dismissed.
(S. C. DHARMADHIKARI, J)
(G. S. PATEL, J)
Page 2 of 2 29th August 2019
2 issues framed by the court
Whether the High Court should interfere with the ad-interim order of the Single Judge refusing injunction.
Whether dismissal of the appeal affects the appellant's right to claim interim relief in the main application.
Varsha Devyan Gala
Tarun Pranlal Bajaria
S. C. Dharmadhikari
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court